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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 8011
Experience:  English solicitor with over 12 years experience
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I hope all is good and well with you. I received an email a

Customer Question

I hope all is good and well with you.I received an email a few days ago from the property management company that they have received several complaints from neighbours of antisocial behaviour from the flat i'm renting out, and have issued me (landlord) a breach of lease notification and are in the process of taking legal action.I have spoken to the tenant who denies the accusations being made, and isaid she s happy to assist in any way to help resolve.However, yesterday she has informed me that she would like to coincidentally action the 6 month break clause, and requesting if she can give me 6 weeks notice, instead of the 8 week (2 month notice) to terminate contract on that basis that she needs a bigger space for work purposes due to the COVID work from home policy.In view of the alleged complaints still being investigated, and the fact that she has only given me 6 weeks notice - i'm hesitant as to what step to take in this regard, hence reaching out to you for advise and guidance please.Fyi - My tenant is into the 5th month of her 12 month Tenancy agreement which has a 6 month break clause.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing as of yet...
JA: Where is the flat located?
Customer: SW London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: How much will this advice cost me please?
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: Ok i will check the pricing of the service before proceeding - thank you
Submitted: 1 year ago.
Category: Property Law
Expert:  UKSolicitorJA replied 1 year ago.


You may accept her request to break the tenancy early and you may also inform your management company that the tenant will be leaving the property so that they do not take any legal proceedings against you for breach of lease.

May I help further?

Customer: replied 1 year ago.
please - the Mutual Break Clause in the tenancy states that "Any time after 4 months from the start of the Tenancy Agreement either party can exercise the break clause by giving two months notice in writing to the other party" - so she would need to give me 8 weeks notice not 6 and would the notice she gives has to end on the first or last day of your tenancy period - would my understanding be correct. To clarify she is not able to give notice mid tenancy period?
Expert:  UKSolicitorJA replied 1 year ago.

That is fine, you have the power to waive the notice clause and accept an early surrender of the tenancy at any time. If she is a problem tenant, you may be better off accepting this early surrender so that she vacates the property as soon as possible.

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